Below we have outlined some of the most important features of Maryland foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic

State Rule

Common type of foreclosure process

Nonjudicial under power of sale in deed of trust, but a court must ratify the sale

Notice of the foreclosure

Foreclosing party must serve borrower with notice of intent to foreclose at least 45 days before starting foreclosure, along with mediation information if applicable. Service must be by first-class and certified mail, return receipt requested. The foreclosing party officially starts the foreclosure by filing an Order to Docket with the court and serving a copy to the borrower along with mediation information, if applicable. Foreclosing party must also publish notice for three consecutive weeks, with the last publication not more than one week before sale. In addition, person authorized to make the sale must serve (by certified mail, return receipt requested) a notice of sale on homeowner at least 10 days but not more than 30 days before sale.

Reinstatement of loan before sale

Allowed until one day before sale date

Redemption after sale

Redemption available until the court ratifies the sale

Special protections for foreclosures involving high-cost mortgages

None

Special state protections for service members

Protections provided under the federal Servicemembers Civil Relief Act extended to members of the National Guard or Maryland Defense Force ordered to state military duty for a period of 14 consecutive days or longer. Md. Code Ann. [Pub. Safety] § 13-704

Deficiency judgments

Foreclosing party may file a motion for a deficiency judgment within three years after ratification of the auditor’s report

Cash exempted in bankruptcy

$6,000 for one person, $12,000 for a married couple

Notice to leave after house is sold

After the court ratifies the sale, the new owner (usually the foreclosing party) can obtain an order of possession from the court to evict the foreclosed homeowners